Deposition

Deposition: Meaning, Purpose, and How It Works

A deposition is sworn testimony given outside of court during the discovery phase of a lawsuit. An authorized officer (typically a court reporter) records the questions and answers, producing a written transcript—and sometimes a video—that can be used at trial.

Key takeaways

• Depositions provide a preview of evidence and help both sides prepare for trial.
• The person answering questions is the deponent; testimony is under oath and false statements can lead to civil or criminal penalties.
• Depositions are often held in attorneys’ offices and may involve plaintiffs, defendants, and key witnesses.
• Federal and many state rules generally limit depositions to seven hours per day for each deponent.

Purpose and when to depose

Depositions are part of discovery: they let parties uncover facts, evaluate witnesses’ accounts, and preserve testimony while memories are fresh. They are used in civil and many criminal matters—examples include liability claims after an accident, commercial disputes, and personal injury cases. All parties may attend and question the deponent.

Who attends and how it’s conducted

• Participants typically include the deponent, attorneys for both sides, and a court reporter; depositions are often recorded on video.
• Attorneys take turns asking questions; the court reporter records everything and prepares a transcript.
• The deponent answers under oath and must be truthful; objections may be noted by counsel but most questions must still be answered unless a privilege applies.

Typical deposition topics and sample questions

Depositions can explore broader topics than might be allowed at trial. Common areas include:
* Background and credibility (employment, criminal history, relationships to parties, physical limitations).
Knowledge of the scene or events (familiarity with locations, traffic controls, timings).
Observations and perceptions (distance from event, visibility, estimated speeds or actions).

Practical tips for deponents:
* Answer only the question asked—don’t volunteer extra information.
If you don’t know or don’t remember, say so; don’t guess or speculate.
Stay calm, speak clearly, and review the transcript or video if allowed.

Length and limits

A deposition’s length varies with the case’s complexity. Under the Federal Rules of Civil Procedure and many state rules, a deposition is typically limited to seven hours per deponent per day. Multiple sessions are possible if needed.

After the deposition

Transcripts and recordings are reviewed by both sides and used in settlement negotiations or at trial. Depositions can shape legal strategy and often influence whether a case settles or proceeds to trial.

Refusing a deposition and legal consequences

If properly subpoenaed, you must attend a deposition. Failing to appear can lead to contempt of court sanctions, and knowingly lying under oath constitutes perjury. Legitimate objections or privilege claims should be raised through counsel.

Bottom line

Depositions are a critical discovery tool that preserve testimony, expose the strengths and weaknesses of each side, and reduce surprises at trial. Proper preparation and careful, honest testimony help protect a deponent’s interests and contribute to a fair resolution of the dispute.